Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘9th Circuit Court of Appeals’

… Another Victory for Gun Rights [#gun sales][#gun purchases]…

Posted by paulfromwloh on Monday,May 30th,2016

.. hopefully ..

.. this case centers on a case out of the 9th Circuit , that came out of a case that was originally dismissed in 2013 . The case revolved around an ordinance in Alameda County, California, which banned gun stores from being located within 500 feet of a residential zone. Three businessmen—John Teixeira, Steve Nobriga, and Gary Gamaz—argued the ordinance violated their Second Amendment rights when they were prevented from opening a gun store. They claimed that the ordinance was intended to keep legal gun dealers from operating in the county.

.. as I understand it , the way the ordinance was written basically would not allow any gun stores at all to be opened in Alameda County . When this happened , the 3 men [who wanted to open a gun store] sued . The district court dismissed the case . To say the least , a 3 – 0 ruling at the appeals level against the County was a shock ..

.. [h/t —]..
.. [link] to the blog post ..

.. the case still has a long way to go . Alameda Cty could well appeal this to the full 9th Circuit , which has over 30 judges . It is also extremely liberal . It is also a question of whether the SCOTUS would even take up the case ..

.. but the first victory is at hand . Now , what will the County do ? How will the State of California react ?? ..


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… Something to Remember [#D.A.C.A.]…

Posted by paulfromwloh on Saturday,February 27th,2016

.. the D.A.C.A. issue is no Congressionally authorized program …

.. it is a creation of the Executive branch , courtesy of His Lordship …

.. [h/t —]..
.. [link] to the news story …

.. ergo , there is no legal authorization for this . None whatsoever , contrary to the 9th Appeals Courts belief . Ironically , it is the court case appeal in that court [Az DAC v Brewer] which is going to sink D.A.C.A. and Obama ‘ s other monkeyshines …

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… This One Could Be a Game Changer [#Labour Law case][#Friedrichs v C.T.A.]…

Posted by paulfromwloh on Monday,January 11th,2016

.. yes , this one could really be a doozy ..

.. I think that there could be as many 6 votes for this one , possibly 7 …

.. well , start at the beginning . Lori Friedrichs is a schoolteacher in California . She resigned for her union , the C.T.A . This union is , to be specific , the California Teachers Association ..

.. California is not a union – friendly state . Since the latter part of the 1970s , the reigning SCOTUS precedent , Abood v Detroit Bd of Ed , has allowed unions to collect fees [agency fees , to be exact] from non – members of the union . These people are required by law , however , to be members of the collective bargaining unit , no matter what ..

.. [h/t —]..
.. [link] to the blog article …

.. like many who resign from the union , Friederichs endured quite a bit . Teachers who resign from their union get a large amount of professional shunning and personal abuse from their fellow teachers . Yet she endured , as did several dozen others ..

.. now SCOTUS has offered certiorari on these folks appeal from their loss at the 9th Circuit Court of Appeals . Given the rulings and precedents of recent years , such as Beck v CWA , Ferris State Teachers , and Knox v CTA, the ground could be extremely dangerous for the AFL – CIO and their member unions ..

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… You Have to Be Kidding [#sham marriage suit in Oregon]…

Posted by paulfromwloh on Monday,October 6th,2014

.. yet , here it is …

.. having to deal with a radical activist AG in Oregon is bad enough .

.. in a case in an Appeals Circuit [the 9th Circuit] that is the very worst for radical activism in the U.S. is even worse . This circuit was the home base for the pro – so – called gay marriage case Hollingsworth v Perry , right out of California …

.. [h/t —]..
.. [link] to the case documents …

.. but active collusion betwee the parties ?? … come on ??? …

.. it is clear from the documentation that the National Organization of Marriage has got the State and the opposing parties dead to rights . They were caught in the act of active and open collusion before , during , and after the court case . Even during the appeallate phase …

.. it is clear that this case should be vacated and reversed . It will be brought again , without doubt . However , the private parties should be allowed to fight it out . The state of Oregon should be ordered to stay out of it , and should be severely sanctioned for its misconduct …

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… More Detail on Baker v. Kealoha [gun rights case] …

Posted by paulfromwloh on Saturday,April 5th,2014

.. this one is another gun rights stunner .

.. yea , it is out of the state of Hawaii . Believe it or not . However , the case was not filed against the state ; it was filed against Honalulu County . If that sounds familiar , then you got it … it was the same tactic that was pulled off in Peruta v Cty of San Diego ….

.. in both cases , nicely done …

.. [h/t —]..
.. [link] to the blog post ..
.. [linkBaker-v.-Kealoha (Hawaii — gun rights) Opinion] to the court decision .. it is not as dry or indecipherable as one might think …

Aloha: Federal court strikes down Hawaii’s ‘may issue’ practice

Judge Diarmuid O’Scannlain along with Judge Consuelo M. Callahan found the Honolulu Police Chief's policy on CCW permits, not consistent with "protected Second Amendment activity.” (Photo credit: The Recorder)

In a decision released Thursday by the U.S. 9th Circuit Court of Appeals, in the case of Baker v. Kealoha, the court followed the lead of the recent Peruta case to declare Hawaii’s restrictions on firearms carry unconstitutional under the Second Amendment.

The case was heard by the same trio of judges who sat on the earlier Peruta and Richards cases in California, which challenged the state’s restrictive ‘may issue’ policies that required concealed carry permit applicants to show “good cause” to warrant a permit. The judges, Diarmuid O’Scannlain, Sidney Thomas and Consuelo Callahan, heard Baker in December 2013 and issued their findings Thursday.

“In Peruta, we concluded that the Second Amendment provides a responsible, law-abiding citizen with the right to carry an operable handgun outside the home for the purpose of self-defense,” wrote O’Scannlain for the two-judge majority decision in a memorandum.

“In light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statutes did not implicate protected Second Amendment activity.”

Thomas, who also dissented on the Peruta case, chose to do so on the Baker decision as well, citing that the Hawaii case came to the 9th Circuit via a different procedural process than its predecessor. He also noted that, “there is simply no justification for a broadside interference with state law enforcement” by the court.

Hawaii has some of the strictest concealed carry laws in the country. In 2012, just four private citizens applied for a concealed carry license in the city and county of Honolulu, while one applied in Maui County, and all five were denied at the discretion of the respective county police chief.

This case is one of plaintiff Christopher Baker, a resident of Honolulu County who applied for and was denied a concealed carry permit by the Honolulu Police Chief without reason or explanation.

Baker then filed suit against Chief of Police Louis Kealoha for denial of his Second Amendment rights. The case was denied by a district court and then appealed to the 9th U.S. Circuit, who issued its findings Thursday. Baker was represented by Hawaii based attorneys Richard Holcomb and Alan Beck.

“I think it’s promising. Everything is dependent now upon making Peruta a filed decision,” said Chuck Michel, senior partner and CEO of Michel and Associates, the firm responsible for the win in the Peruta case earlier this year, to

Following that decision in February, county sheriffs across California started to reevaluate how they issue firearms permits and qualify “good cause.”

The decision in that case was used in a precedent in the later suit of Richards v. Prieto earlier this month.

“If Peruta stays in there, Hawaii will have to change its program,” explained Michel.

Even though Baker was an unpublished decision closed by memo, similar to how the Richards case was concluded, and cannot be cited in other cases, it is something of a validation of Peruta that improves the chances that California and now Hawaii could move to a ‘shall issue’ concealed carry standard for good.

“The most interesting part is that the Yolo County Sheriff, Prieto, has asked for en banc review in the Richards case,” advised Michel. “I expect that the defendant in the Hawaii case, the Honolulu Police Chief [Kealoha], that they are going to ask for en banc review too. At this point en banc review is inevitable because there is so many ways for it to happen.”

Others agree that the battle in Hawaii is still very much uphill.

“Hawaii’s Attorney General and law enforcement leaders will oppose shall issue as will our current liberal Legislature,” Dr. Max Cooper, president of the Hawaii Rifle Association told Friday. “It is time for more people to apply for permits and another hearing on a shall issue bill in the 2015 Hawaii Legislature.”

“There is still politics in this, so people need to be pushing their issuing authorities to adopt the Peruta decision and start issuing permits and people should go on down and apply,” explained Michel.

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… Hawaii is Now a ” Shall Issue ” state …

Posted by paulfromwloh on Friday,March 28th,2014

.. for now , at least ..

.. the 9th Circuit is going to want to get its hands on this case , too . It was handled by the same panel of appeals judges that heard Peruta v Cty of San Diego . This case (Baker v Kealoha) hits one of the toughest states in the country , and by far the toughest state in the West for gun rights …

.. with the gun rights case in the ease in New Jersey (Drake v. Jerejian) now on the U.S. Supreme Court docket , the appeals judges on the 9th Circuit are blocked from trying to do anything , especially anything funny . The Supremes keep their eye on the 9th Circuit for a very good reason ‘ normally it is because of their antics on death penalty cases . In this case , it is a different subject area , but the same habit …

.. [h/t — NationalReview]..
.. [link] to the blog post ..

.. trust me , the Dems in Hawaii are not going to like this one bit . If it were a state issue , then there could be impeachment proceedings against the state supreme court judges . Alsas , for them , they are federal appeals court judges , so they cannot be touched..

.. I am willing to bet that this case was targeted at a county , as it was in California . It would force the statewide folks [the Governor and the AG] to keep their hands off of the case , and force the county Prosecutor to deal with it on his own … Nice tactic , and smart . It effectively forces ” shall issue ” on Hawaii through the backdoor …

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